What are the Constitutional Safeguards that are inherent with Criminal Procedures (hint; think the Bill of Rights). Discuss this in detail. Distinguish between the concepts of Reasonable Suspicion and Probable Cause. To whom do they apply? Read Case 7.3, The State of Oklahoma v. Marcum. Was the court correct in its application? Why? Was this a state or federal case decision?

Case 7.3 State of Oklahoma v. Marcum Court of Criminal Appeals of Oklahoma, 319 P.3d 681 (2014). FACTS Angela Marcum, a drug court coordinator associated REASON According to the court, "Once the messages were with a county court in Oklahoma, was romantically involved both transmitted and received, the expectation of privacy was with James Miller, an assistant district attorney in the same lost. " When Marcum sent texts to Miller's phone, it was sim- county. When Miller learned that state officials were "in town" ilar to mailing a letter-there is no expectation of privacy investigating suspected embezzlement, he quickly sent Mar- in the letter once it is delivered. Similarly, a caller cannot cum text messages from his personal phone. She sent mes- claim that a voice mail message, once it has been left and sages back. The state obtained a search warrant and collected the recipient has played it, is private. In all of these situations, the records of the messages from U.S. Cellular, Miller's phone the individual's expectation of privacy in the communication company. Later, the state charged Marcum with obstructing the is "defeated" by the decision to transmit a message to an investigation and offered in evidence the messages obtained electronic device that could be in anybody's possession. An pursuant to the search warrant. Marcum filed a motion to sup- individual has no reasonable expectation of privacy in the press the records, which the court granted. The state appealed. text messages or cell phone account records of another per- son when the individual does not have a possessory interest ISSUE Does an individual who has exchanged text messages in the phone and the warrant is directed to a third party (here, with another person have a reasonable expectation of pri- U.S. Cellular). vacy in those messages when they reside in the other person's account records at the telephone company? FOR CRITICAL ANALYSIS-Technological Consideration If Miller and Marcum had used smartphones and U.S. Cellular DECISION No. A state intermediate appellate court reversed had stored its records in the "cloud," would the outcome likely the ruling of the lower court. The case was reversed and have been different? Explain. remanded for further proceedings